Legislature(1999 - 2000)
1999-05-06 Senate Journal
Full Journal pdf1999-05-06 Senate Journal Page 1269 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:24 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Envoy Craig Fanning of the Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, on this National Day of Prayer, we stand together with other Americans and Alaskans recognizing Your presence with us. We are reminded that we are but Your instruments on this earth. Reveal Yourself to those present today in a new and exciting way. Grant to those elected to govern a desire to protect those who cannot protect themselves. We also ask that You will bless, and use, those who work in their offices. Granting to them a steadfast spirit, and a sensitive heart to the issues that will affect Your people that call Alaska home. This we pray together. Amen. Senator Elton led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1269 1999-05-06 Senate Journal Page 1270 Messages from the House Message dated May 5 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 177 CS FOR HOUSE BILL NO. 177(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules. was read the first time and referred to the Judiciary Committee. HB 217 HOUSE BILL NO. 217 BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date. was read the first time and referred to the Finance Committee. Standing Committee Reports SB 130 The Finance Committee considered SENATE BILL NO. 130 An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm. Signing do pass: Senator Torgerson, Cochair, Senators Pete Kelly, Donley, Leman. Signing no recommendation: Senator Parnell, Cochair, Senators Phillips, Wilken. Signing possible amend: Senator Green. Signing do not pass: Senator Adams. 1999-05-06 Senate Journal Page 1271 SB 130 Zero fiscal notes published today from Department of Public Safety, Department of Law. The bill was referred to the Rules Committee. HB 109 The Resources Committee considered CS FOR HOUSE BILL NO. 109(RES) am An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) Signing do pass: Senator Halford, Chair, Senators Pete Kelly, Green. Signing no recommendation: Senators Mackie, Lincoln. Previous zero fiscal notes. The bill was referred to the Rules Committee. SCR 8 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The resolution is on todays calendar. SJR 25 The Rules Committee considered SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. 1999-05-06 Senate Journal Page 1272 SB 156 The Rules Committee considered SENATE BILL NO. 156 An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HJR 14 The Rules Committee considered SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller. Signing to calendar and do pass: Senator Pearce. The resolution is on todays calendar. HJR 15 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the American Land Sovereignty Protection Act in the United States Congress. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 156 SENATE BILL NO. 156 An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities was read the second time. 1999-05-06 Senate Journal Page 1273 SB 156 Senator Mackie moved and asked unanimous consent that the bill appear on the May 7 calendar. Without objection, it was so ordered. Second Reading of Senate Resolutions SJR 25 SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer, was read the second time. Senators Mackie, Pearce, Green, Wilken, Parnell moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 25 was read the third time. The question being: Shall SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer, pass the Senate? The roll was taken with the following result: SJR 25 Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Lincoln and so, SENATE JOINT RESOLUTION NO. 25 passed the Senate and was referred to the Secretary for engrossment. SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 was read the second time and was before the Senate on final passage. 1999-05-06 Senate Journal Page 1274 SCR 8 The question being: Shall SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999, pass the Senate? The roll was taken with the following result: SCR 8 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE CONCURRENT RESOLUTION NO. 8 passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council, was read the second time. Senator Mackie moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO.14 was read the third time. Senators Lincoln, Green, Pearce, Taylor, Wilken, Miller, Mackie, Parnell, Tim Kelly, Ellis moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. 1999-05-06 Senate Journal Page 1275 HJR 14 The question being: Shall SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council, pass the Senate? The roll was taken with the following result: SSHJR 14 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 passed the Senate, was signed by the President and Secretary and returned to the House. HJR 15 CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the American Land Sovereignty Protection Act in the United States Congress, was read the second time. Senator Mackie moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the American Land Sovereignty Protection Act in the United States Congress, pass the Senate? The roll was taken with the following result: 1999-05-06 Senate Journal Page 1276 HJR 15 CSHJR 15(RES) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln and so, CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Douglas Doug Keil Representative(s) Rokeberg Senator(s) Pearce, Wilken, Hoffman, Taylor, Donley, Lincoln, Pete Kelly, Tim Kelly, Elton, Green, Leman, Mackie, Halford In Memoriam - Agnes Rose Aquook Komakhuk Representative(s) Foster Senator(s) Adams, Wilken, Hoffman, Taylor, Lincoln, Pete Kelly, Tim Kelly, Elton, Green, Pearce, Leman, Mackie Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Reconsideration of Senate Bills SB 135 Senator Ellis requested that the reconsideration on CS FOR SENATE BILL NO. 135(FIN)(title am) be taken up. The bill was before the Senate on reconsideration. 1999-05-06 Senate Journal Page 1277 SB 135 The question to be reconsidered: Shall CS FOR SENATE BILL NO. 135(FIN)(title am) An Act relating to metropolitan planning organizations pass the Senate? The roll was taken with the following result: CSSB 135(FIN)(title am) Third Reading - On Reconsideration YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Green, Hoffman, Lincoln and so, CS FOR SENATE BILL NO. 135(FIN)(title am) passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 110 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 110(RLS) An Act relating to liability involving certain property acquired by a governmental entity; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in adopting the Rules Committee Substitute for SENATE BILL NO. 110. Senator Wilken objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in adopting the Rules Committee Substitute. The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: 1999-05-06 Senate Journal Page 1278 SB 110 CSSB 110(RLS) Rescind Previous Action in adopting the Rules CS YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Leman, Lincoln, Miller, Phillips, Taylor, Ward Nays: Ellis, Elton, Kelly Pete, Kelly Tim, Mackie, Parnell, Pearce, Torgerson, Wilken Pete Kelly changed from "Yea" to "Nay". and so, the Senate rescinded its previous action. Senator Taylor moved for the adoption of the Judiciary Committee Substitute offered on page 1169. Senator Wilken objected. President Pearce ruled the motion out of order. President Pearce stated the question now before the Senate was Shall the Rules Committee Substitute be adopted? Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:15 p.m. After Recess The Senate reconvened at 12:37 p.m. Senator Miller called the Senate. Senator Miller lifted the call. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 12:45 p.m. 1999-05-06 Senate Journal Page 1279 After Recess The Senate reconvened at 2:08 p.m. Reconsideration of Senate Bills SB 110 SENATE BILL NO. 110 An Act relating to liability involving certain property acquired by a governmental entity; and providing for an effective date was before the Senate in second reading with the question pending on the adoption of the Rules Committee Substitute. Senator Mackie moved and asked unanimous consent that the reconsideration and pending question on SENATE BILL NO. 110 be held to the May 7 calendar. Without objection, it was so ordered. SB 71 Senator Mackie requested that the reconsideration on CS FOR SENATE BILL NO. 71(RLS) be taken up. The bill was before the Senate on reconsideration. Senator Mackie moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Halford offered Amendment No. 1 : Page 4, lines 6 - 10: Delete "(A) a felony; (B) a misdemeanor in another jurisdiction with elements similar to a felony in this jurisdiction ¦OR OTHER CRIME IF THE FELONY OR OTHER CRIME IS SUBSTANTIALLY RELATED TO THE QUALIFICATIONS, FUNCTIONS, OR DUTIES OF THE LICENSEEá; or" Insert "(A) a class A or unclassified felony or a misdemeanor in another jurisdiction with elements similar to a class A or unclassified felony in this jurisdiction; 1999-05-06 Senate Journal Page 1280 SB 71 (B) a class B or class C felony or a misdemeanor in another jurisdiction with elements similar to a class B or class C felony in this jurisdiction ¦OR OTHER CRIMEá if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee; or" Senator Halford moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. The bill was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 71(RLS) am An Act relating to licensure by the State Medical Board pass the Senate? The roll was taken with the following result: CSSB 71(RLS) am Third Reading - On Reconsideration YEAS: 16 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Donley, Ellis, Elton, Green, Halford, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Wilken Absent: Adams, Hoffman, Torgerson, Ward and so, CS FOR SENATE BILL NO. 71(RLS) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. 1999-05-06 Senate Journal Page 1281 Engrossment SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long- Term Care Task Force of 1999, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 25 SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 71 CS FOR SENATE BILL NO. 71(RLS) am An Act relating to licensure by the State Medical Board was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 135 CS SENATE BILL NO. 135(FIN)(title am) An Act relating to metropolitan planning organizations was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 7, 1999. Without objection, the Senate adjourned at 2:15 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-06 Senate Journal Page 1282 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 May 10 Monday 1:30 PM + HB 155MUNICIPAL ASSEMBLY APPORTIONMENT ---------------------------------------- FINANCE SENATE FINANCE 532 May 06 Thursday 9:00 AM += SB 157POWER COST EQUALIZATION + SB 97MENTAL HEALTH; RECORDS; TREATMENT + SB 130FEES/IMMUNITY SALE/TRANSFER OF FIREARMS + SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL + SB 169OPERATING BUDGET MISSIONS AND MEASURES BILLS PREVIOUSLY HEARD/SCHEDULED May 07 Friday 9:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS AMENDMENTS OFFERED IN COMMITTEE May 07 Friday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS AMENDMENTS CONTINUED ---------------------------------------- 1999-05-06 Senate Journal Page 1283 HEALTH, EDUCATION & SOCIAL SERVICES FAHRENKAMP 203 May 06 Thursday 1:30 PM NOTE DATE AND LOCATION CHANGE += SB 61TEACHERS' LICENSES, DISCIPLINE & ETHICS += SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM += SB 117INSURANCE FOR SCHOOL DISTRICTS ---------------------------------------- JUDICIARY BELTZ 211 May 07 Friday 1:30 PM = SB 162RULE AGAINST PERPETUITIES = SB 163TRUSTS AND TRUSTEES SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS = SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE = SB 109CAMPAIGN FUNDRAISING BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 06 Thursday 2:30 PM HB 79UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT = HB 146LIABILITY FOR COMMERCIAL REC ACTIVITIES = HB 201OVERTIME COMPENSATION COMPUTATION HB 208PROFESSIONAL COUNSELORS ---------------------------------------- RESOURCES BUTROVICH 205 May 07 Friday 3:00 PM HB 96DEPOSITS TO THE PERMANENT FUND ---------------------------------------- RULES FAHRENKAMP 203 May 06 Thursday 2:15 PM SJR 24KOSOVO CONFLICT HB 109GLACIER BAY NATIONAL PARK SB 130FEES/IMMUNITY SALE/TRANSFER OF FIREARMS ---------------------------------------- 1999-05-06 Senate Journal Page 1284 STATE AFFAIRS BELTZ 211 May 06 Thursday 3:30 PM + SB 155SALARY REPORTS: LEG/EXEC/JUDICIAL BRANCH + CONFIRMATIONS: BRIGADIER GENERAL, ALASKA ARMY NATIONAL GUARD ---------------------------------------- TRANSPORTATION BUTROVICH 205 May 06 Thursday 2:30 PM + HB 84INTERNATIONAL AIRPORTS REVENUE BONDS + HB 131ANCHORAGE COASTAL WILDLIFE REFUGE JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 10 Monday 4:00 PM DEPARTMENTS TO BE ANNOUNCED ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 14 Friday 8:15 AM OTHER MEETINGS MAJORITY CAUCUS BELTZ 211 May 06 Thursday 12:50 PM